Wrongful death is a legal liability claim or cause of action that may be made in a civil lawsuit (noncriminal case) for money damages against a person or entity whose negligence or intentional act wrongfully caused the death of the deceased person (the decedent).
Wrongful death claims may allow a deceased tort victim’s estate, surviving parents, children, and spouse to recover damages for their losses from the victim’s death.
Laws regarding wrongful death claims vary from state to state. In many states the legislature has enacted statutes (laws) governing any recovery for wrongful death. And in some states the law regarding recovery for wrongful death may be located in the state’s court opinions (also known as case law, common law, or judicial decisions).
In Connecticut, wrongful death claims are governed by Connecticut General Statutes Section 52-555. This statute allows the executor or administrator of a deceased person's estate to file a wrongful death claim on behalf of the beneficiaries, which can include the surviving spouse, children, parents, or other dependents. The claim must be filed within two years of the date of death, and it seeks to recover damages for losses such as medical and funeral expenses, loss of earning capacity, and for the conscious pain and suffering of the decedent if they did not die instantly. Additionally, the statute allows for the recovery of non-economic damages, such as loss of the capacity to enjoy life's activities, and in some cases, punitive damages may be awarded if the defendant's actions were particularly egregious. It is important to consult with an attorney to understand the specific nuances of Connecticut's wrongful death statute and how it may apply to a particular case.